small claims over goalie pads???

[influenza]

Originally Posted by TIMMAAYY

Witnesses are worthless without a receipt or some type of physical "contract" in a case like this. Even Judge Judy would say that neither party can prove anything.

You're actually very wrong.

A Verbal contract is binding.

[Stryker908]

Are you at least 18 (I think you said you were)

If you were not 18 at the time of the transaction are you allowed to enter into a binding contract with an adult? I dont know I'm just throwing that out there...

I would approach the guy and say listen, you offered me 125 to BUY the pads. Now you want to return them to me.... I would like 50 dollars for the wear and tear on the pads for the last 6 months....

I think that sounds fair .... Negotiate with the guy .... there must be something that can be worked out short of sueing him ?!

[Magician]

Originally Posted by Stryker908

Are you at least 18 (I think you said you were)

If you were not 18 at the time of the transaction are you allowed to enter into a binding contract with an adult? I dont know I'm just throwing that out there...

I would approach the guy and say listen, you offered me 125 to BUY the pads. Now you want to return them to me.... I would like 50 dollars for the wear and tear on the pads for the last 6 months....

I think that sounds fair .... Negotiate with the guy .... there must be something that can be worked out short of sueing him ?!

Minors can enforce contracts with adults, but it can be stickier going the other way.

[TIMMAAYY]

Originally Posted by influenza

You're actually very wrong.

A Verbal contract is binding.

Since when? You have to be able to prove it. If all you have is "he told me he would buy them", you're going to be SOL.

All they need is a good wookie defense and you're screwed.

A little google goes a long way,

"enforceable" is a lot different from "guaranteed". If you can't prove it, it won't matter.

"The problem with verbal contracts are that they are often very hard to prove, especially if they are very complicated or have no independent witnesses. The parties themselves may not even recall the exact details to which they agreed. Therefore, if neither side can can show a written contract, judges are often forced to apply "fairness" or other governing state laws. The problem with "fairness" is that at least one person won't consider it "fair."

"In general, try to avoid verbal contracts. Anyone that wants you to agree to something but won't put it into writing, just isn't worth the time. And they are very likely out to scam you."

Wikipedia, in its article about oral contracts, says:

"In general, oral contracts are just as valid as written ones, but some jurisdictions either require a contract to be in writing in certain circumstances (for example where real property is being conveyed), or that a contract be evidenced in writing (though it may be oral). An example of the latter being the requirement that contract of guarantee be evidenced in writing that is found in the Statute of Frauds. Similarly, the limitation period prescribed for an action may be shorter for an oral contract than it is for a written one."

And, finally, Law.com says:

"an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written."

[Steve L]

If he is a coach in a club or other organization, take it up with their board of directors or the person in charge of the coaching staff. No club wants to have a reputation of having guys like this on their staff.

[Steve L]

Originally Posted by influenza

You're actually very wrong.

A Verbal contract is binding.

Rules in Canada and the US are different. In the US, without something in writing, it is almost impossible to enforce a verbal agreement.

[Gongshow_Tendy]

Originally Posted by DRE75HABS

If you win in small claims court, the loser has to cover all the fees, otherwise no one would ever take a case to small claims court.

At least that's how it works in Canada. Influenza, try to get your facts straight before you tell someone how things work, this might be the only option for this guy, and yeah it's not a lot of money but who knows how important $125 is to this guy, right?

Ok since $125 clearly isn't important to you can i pm you my paypal address and you can just dump some "unimportant" money?

[Matt The Hammer]

If it's (sadly) 125 American dollars... well they're becomming less and less important.

[Wildturkey]

Originally Posted by Ryeno42

Should this be in the "hot stove"?

Its related to a situation not directly equipment related in the organizational sense.

Who cares? Wait, maybe I should have phrased that differently. Dude, why do YOU care? Does it really bother you that an upset kid created a thread in the 'wrong place'?

[PSULion22]

You will not get your $125 in small claims court, regardless of a verbal contract. He offered the $125 to buy the pads and you did not take payment. This situation is as much your fault as his. Since the pads are still useable (I assume he didn't tear them up) and he can return them to you, the best you can hope to get is an award to cover the depreciation in value which, let's be honest, isn't much. You already said he got a great deal, which would indicate you could get more by selling them to another person. Your best bet is going to be asking for $25 or so for time he used them and then trying to sell them elsewhere.

[Matt The Hammer]

Then take the $25 to the store and purchase one of these:



You can fill in the rest.

Although for $25 these bats can't be beat:



It's what I use.

[zak406]

ok i was 17 at the time thank you guys for the responses i threatened him last night with court action (hes not the brightest sob ive ever met) and would not realize my chacne of winning is squat i have texts messeges proving that he owes me ( would that work). HIs excuse to me is that he got fired from a landscaper ( i landscape myself for a company and you gotta be preety dumb to get fired they honestly dont expect much out of you. (show up work half ass and they will keep you seriosuly not that i do that im am preety good at wat i do but) any ways he was well enough financially to buy a motorcycle (in august before he was fired) before hand which if your 33 and cant pay back 125 bucks is pathetic(stay in school kids) my next action if i take the pads back he lives with his girl friend who is on welfare with a 1 yr old kid (shes 20) in section 8 housing (is it section 8 or 9) eather way u get what im saying but legally he is nto allowed to live with her so next thing i will do if i do except the pads back i will be making a call and getting them booted out of the section 8 housing (then he will really see what its like to pay bills) that sounds very harsh but a pathetic 33 yr old pisses me off and quite frankly idont care about his well being. Btw its nto that money means nothign to me but if it will hurt him that bad for 125 bucks im willing to spend a bit more..

[icehockeyaf96]

Originally Posted by zak406

HIs excuse to me is that he got fired from a landscaper ..

(icehockey's mom)

Was he getting paid off the books? If so, you could try to report him and make some money from IRS:
Reporting tax fraud - Apr. 1, 2005

Personally, I think a lawyer's letter on legal stationery putting him on notice might convince him to pay you.

[zak406]

Originally Posted by icehockeyaf96

(icehockey's mom)

Was he getting paid off the books? If so, you could try to report him and make some money from IRS:
Reporting tax fraud - Apr. 1, 2005

Personally, I think a lawyer's letter on legal stationery putting him on notice might convince him to pay you.

that would be a good idea but ( he gets paid over the table) and b. i get paid under the table ( he doesnt know that but i dont want to risk it)

[TIMMAAYY]

You'll probably spend more on having a letter sent than you will get back. Threaten to have him sued, and leave it at that; hope that he caves.

Taking the time to prepare, type, and send a letter from an attorney isn't something they do for $20. It's going to cost you.